L1 & H1B at the same time - any risks?


I have a client that applied me for the H1B in 2019. As I didn’t hear from UCSIS util August, we assumed we weren’t selected and I pursued an L1 visa with my current employee.

I got the L1 visa approved and I’m waiting for the stamp but suddenly the H1B came back with an RFE (which my client submmited already). Questions:

  1. Is there any risk that the H1B RFE prejudices my L1 stamping? Having the L1 can be a problem for the H1B approval?
  2. If I get the H1B approved, do I need to reject it immediately if I want to stay in L1? If not, how long can I wait until take action? My L1 is for 12 months only so I would like to have the H1B as an option B in 2021.


  1. No, they are not related and will not have any impact
  2. No need to, it is up to you. There is no need to reject anything.
    Discuss with your employer and attorney and chose the best visa that fits the purpose to enter US.